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(영문) 서울중앙지방법원 2014.10.10 2013가합540964
입회금반환
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 500,000,000, and Defendant Co., Ltd.

Reasons

1.The following facts are found to be of no dispute between the parties or recognized by comprehensively considering the overall purport of the arguments in Gap evidence Nos. 1 to 5 and 14 (including each number; hereinafter the same shall apply):

A. The Defendant Rashing Co., Ltd. (hereinafter “Rashing”) is a legal entity that operates a golf club with the trade name “rashing set,” and the Defendant Il-ri Development Co., Ltd. (hereinafter “Japan Development”) is a legal entity that operates a golf club with the trade name “rashing club” (hereinafter “instant golf club”).

B. On October 1, 2010, the Plaintiff purchased membership rights of the instant golf club (each of the deposit for admission KRW 178 million), which was issued by Defendant Ilsung Development around November 201, 201, and then became its members, respectively.

C. On November 201, 2010, D, the head of the C team of the Defendant Rayal Art, made an additional payment of KRW 356 million to the Plaintiff and B of the existing security deposit (i.e., KRW 178 million x KRW 200 million x KRW 14 million in total (i.e., KRW 356 million / KRW 144 million) to convert the security deposit to the “member of the Rayal Art VIP,” and the Plaintiff and B received the said proposal.

On November 6, 2012, the Plaintiff entered into a membership agreement with Defendant Malaysia (hereinafter “instant membership agreement”). The Plaintiff was granted the status of regular members and B as designated members according to the membership agreement.

On November 6, 2012, according to the instant membership agreement, the Plaintiff returned KRW 356 million for the existing membership security deposit from Defendant Il-ri Development, and paid KRW 74 million to Defendant Il-ri, adding the said amount to KRW 74 million, as the contract deposit, and paid KRW 430 million to Defendant Il-ri, as the contract deposit. On February 15, 2013, the Plaintiff paid KRW 70 million for the remainder as the contract deposit.

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